Call 727-828-3900 for a free consultation. Florida Statute § 784.011 defines assault as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”. And it makes no difference whether the gun you pointed was loaded. He also argued that his hand gesture could never be mistaken for an actual firearm, so it was no worse than any other hand gesture. Minnesota law also addresses the illegal use or handling of guns and other dangerous weapons, including: handling a gun recklessly, in a way that endangers someone else; intentionally pointing a loaded or unloaded gun at someone For self-defense to hold up in court, we would have to prove: Other defenses we can use to defeat charges of aggravated assault include the following: In cases where avoiding a conviction is unlikely, we may be able to negotiate with the prosecutor and get the charges reduced to a lesser offense, such as the improper exhibition of a dangerous weapon or firearm (a first-degree misdemeanor under Florida Statute § 790.10) or discharging firearms in public (also a first-degree misdemeanor under Florida Statute § 790.15). The incident occurred in June 2018 and involved neighbors with a history of bad blood. ], You used only as much threat of force as necessary (no excessive force). (941) 405-5193, © 2020 Goldman Wetzel, PLLC. When the assault involves a deadly weapon like a gun, the offense is elevated to a third-degree felony. "postalCode": "33705", But that’s not exactly true, in fact it is only partially correct. You can only threaten to use your gun in defense of life. Stephen Kirchner was convicted of disorderly conduct last fall, but appealed the decision. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", "Saturday", Florida Statute § 784.021 defines aggravated assault as “an assault with a deadly weapon without intent to kill or with an intent to commit a felony.”. Copyright © 2020 CBS Interactive Inc. All rights reserved. } In short, NRS 202.290 prohibits intentionally aiming a gun at a person or firing one in a place where people may get hurt. (888) 727-4652, 1023 Manatee Ave W #309 "addressLocality": "Bradenton", It is a crime to threaten someone with physical harm if you seem to have the means and intent to … Kirchner admitted to making the gun gesture, but said he did so after Klingseisen "gave [him] the finger with both hands.". Other arrests: Also arrested for allegedly possessing an illegal gun was Yandel Gonzalez-Rodriguez, 19, of York, who police said pointed the gun at someone during an altercation in … "addressRegion": "FL", (727) 828-3900, 3030 N. Rocky Point Dr #150 Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. McCloskey Couple, Who Waved Guns At St. Louis Protesters, To Speak At RNC : Updates: The Fight Against Racial Injustice Attorneys for Mark and … So, focus, think rationally, know your state’s law, and be careful out there. You were wrongly accused, e.g., the alleged victim is lying or has mistaken you for someone else. "opens": "00:00", "closes": "23:59" So figuring out whether just pointing a gun at a trespasser is a crime can depend on a variety of factors, including how your state criminal statutes are worded, whether the trespasser was in your home or merely on your property, whether you reasonably fear great bodily … Couple pointing guns at protesters unlikely to face charges, law professor says ... "The end result might be a there was technically illegal behavior on … It is illegal in Canada to point a firearm at someone. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", Now although pointing a gun at someone is a simple assault under PA law, it is generally agreed that a defendant may only place the alleged victim in danger of death or serious bodily injury if the government can prove that the gun was loaded. Battery means touching, striking, or otherwise causing physical harm, whereas assault is only the threat of harm. If you are undocumented or on a visitor visa and you are convicted, you can also be deported. Note that aiming a gun at a person is unlawful even if the gunman never intends to pull the trigger and if the person being aimed at is not scared. We’ve gathered some of the most frequently asked North Carolina firearms questions. Enlist the help of the qualified attorneys at Goldman Wetzel to fight your case. ] Bradenton, { We can review the facts of the case, explain in no-nonsense terms exactly what you are up against, and help devise a defense strategy for your case. 16-11-102 (2010) 16-11-102. Read on for answers to some of the top questions regarding North Carolina gun … Summer Goldman and Maribeth Wetzel have over 30 years combined experience. "streetAddress": "915 1st Ave N", But using a gun in a “threatening” or “angry” manner is still illegal in Missouri, as it is in nearly every state, and could be charged as an “unlawful use of a weapon.” That’s where things get more complicated, though, because the statute in Missouri that prohibits brandishing points to the state’s self-defense laws as exceptions. There was no danger to their life or property, it’s a model of dumbass gun … "sameAs": [ "addressRegion": "FL", "streetAddress": "3030 N Rocky Point Dr, Suite 150", A man in Pennsylvania was convicted of pointing his finger gun at a neighbor and the state superior court upheld his conviction saying it represented a credible threat. The same may occur under a plea bargain. Videos from the protest showed the man holding a semi-automatic rifle and a woman pointing a pistol at the crowd marching down the street. We Defend. "addressCountry": "United States", "addressLocality": "St. Petersburg", One way is in simply pointing a gun at another person. The Hi-Point handgun was a common firearm in Illinois due to its affordability. Easy. Michigan law also makes it illegal to possess firearms in certain locations, whether individuals are brandishing, aiming, or pointing a firearm, or simply carrying it. What few studies exist on defensive gun use indicate that far, far more instances of DGU involve only the drawing of a weapon than the firing of one. § 16-11-102 - Pointing or aiming gun or pistol at another O.C.G.A. "name": "Goldman Wetzel", If you have been arrested for pointing a gun at someone, speak to our violent crime defense attorneys at Goldman Wetzel about your case straightaway. "telephone": "(941) 405-5193" Aiming or discharging firearms, dangerous weapons. A Pennsylvania appeals court on Tuesday ruled against a man who pointed his finger in the shape of a gun, saying that the act amounts to a criminal offense. When Kirchner and another neighbor, Elaine Natore, walked past Josh Klingseisen out mulching in his backyard, Kirchner made eye contact with Klingseisen, "then made a hand gesture at him imitating the firing and recoiling of a gun," according to court documents. "At one point, a barefoot Patricia, whose law firm bio says she is a member of the Missouri Bar Association ethical review panel, crosses the lawn and stumbles briefly while she has her gun aimed at protesters," The Riverfront Times reports. The gesture was caught on Klingseisen's surveillance cameras, which he had installed due to ongoing confrontations with Natore. It’s a felony to point a gun at someone, even in a class on guns Now these comments went on for a long while, and I will not comment as to their meaning or accuracy. The maximum penalty for subsequent offences is 5 years. Another neighbor who witnessed the gesture testified that she felt "insecure" after seeing it and called 911. Your future and freedom are on the line. You believed that you or someone else was in immediate danger of suffering serious injury or death; You thought force was the only way to avoid the attack; and. ], Example: Mike and Ben are horsing around at a Las Vegas firearm store. You did not actually point a gun at anyone, e.g., the object you were holding was not a gun, you were holding a gun but you were not pointing it at anyone, etc. Get a Free Consultation Call Us - Available 24/7. St. Petersburg, | Privacy Policy At the time, Natore had a "no contact" order against Klingseisen. Klingseisen testified in a Lancaster County court that he felt "extremely threatened" when Kirchner made the gun gesture. "postalCode": "33607", Claim: A video shows two people waving guns at protesters in front of their home. "https://www.facebook.com/goldmanwetzel/", "postalCode": "34250", However, when CS/SB 228 became law in 2016, the legislatures changed this policy, deleting aggravated assault from the list of convictions which carry a minimum term of imprisonment. Pointing or aiming gun or pistol at another A person is guilty of a misdemeanor when he intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or … Kirchner was found guilty in October 2018 and ordered to pay a $100 fine and court costs. "dayOfWeek": [ However in early 2017 they began to disappear from gun shops. For instance, under MCL §750.234d, individuals may not possess firearms in the following locations: Send us a Secure Message to Book Your Free, No-Obligation Consultation Now. "https://twitter.com/goldmanwetzel" This means that if someone … Aggravated assault used to entail a mandatory minimum prison sentence of three years. Assault is commonly confused with battery, but the two are distinct offenses. Don’t get me wrong, in this case, this guy made some mistakes, and fortunately, no-one was hurt. It is considered illegal brandishing of a weapon, which is usually a misdemeanor. Walking around pointing your gun at people and threatening them is not good behavior. "Sunday" }, "telephone": "(727) 828-3900" NO, IT IS NOT LEGAL. "address": [ Illegal Use of Weapons. So pointing a gun at someone can get you into trouble, but how much trouble will often depend on why you were pointing the gun and at whom. TITLE 21 § 1280.1 Possession of a … Confidential. Quick. on January 05, 2016 2:59 PM. With compassion and confidence, they zealously represent their clients. All Rights Reserved. Charged with a Serious Offense? By Ephrat Livni, Esq. In some states it’s a Misdemeanor crime and in others a Felony. If these "sketchy characters" point a gun at you or otherwise indicate that they are going to kill or injure you, then you can pull a gun on them. TITLE 21 § 1279 Misdemeanor Pointing a Firearm. In the UK using any weapon offensively is illegal unless you have a damn good reason. (1) For conduct not amounting to a violation of chapter 9A.36 RCW, any person who: (a) Aims any firearm, whether loaded or not, at or towards any human being; (b) Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby. Senate Bill 224 would require someone who displays or pulls a gun to aim that weapon at the person — or otherwise use it “in a threatening manner” — … The rumor mill has it that, “The Hi-Point is Illegal in Illinois”. There's a video going around of a couple pointing a rifle and a pistol at BLM protestors (and eachother). It is a misdemeanor punishable by a minimum of three months in county jail and a fine of up to $1,000. For police to even aim a taser at someone legally, they have to show there was no lesser action they could have taken. Many defensive uses of a gun go unreported and consist of a threatening person being alerted to the … It’s a misdemeanor in Georgia to: point a loaded or unloaded gun at someone intentionally and without a legal justification Someone convicted of several charges may receive a harsh sentence for one crime and a lesser sentence for another. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. It is aggravated assault either way. level 1. August 30, 2019 / 2:16 PM A Pennsylvania man broke the law when he pretended to point a gun at his neighbor, using his thumb and index finger to create the shape of the weapon, an appeals court has ruled. If you are undocumented or on a visitor visa and you are convicted, you can also be deported. "Thursday", Basic assault is a second-degree misdemeanor. Under Section 571.030 (4) of the Revised Statutes of Missouri, it is a crime when a person “ [e]xhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner.” Such a person “commits the offense of unlawful … "This act served no legitimate purpose, and recklessly risked provoking a dangerous altercation. "addressCountry": "United States", Oftentimes, people charged with aggravated assault have very valid reasons for drawing their weapon that they may be able use as a defense in court. "description": "Goldman Wetzel is a criminal defense trial firm practicing in the Tampa Bay area, including Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties. "addressRegion": "FL", "openingHoursSpecification": { Pointing a gun at someone is “aggravated assault,” a more serious offense than basic assault. And it makes no difference whether the gun you pointed was loaded. Apparently finger guns are a no-no for adults too and are even criminal. Carrying a concealed weapon – a maximum sentence of six months plus a … "telephone": "(813) 391-8051" "Wednesday", ", / CBS News. "Friday", { As a responsibly armed American, you already know how challenging it can be to stay up to date on gun laws… North Carolina gun owners, you’re in luck. ", "Despite Natore's no-contact order against Klingseisen and the ongoing rift between them, Kirchner, while accompanying Natore, approached Klingseisen in his own backyard, created a gun-like hand gesture, pointed it at Klingseisen, and made a recoil motion as if to suggest he had shot him," the appeals court ruled. Guns were loaded and court costs this act served no legitimate purpose, and,! 2019 / 2:16 PM represent their clients criminal defense Attorney from gun shops or misrepresented by the alleged is! Gun shops pointed was loaded exactly true, in fact it is considered illegal of! Of a weapon at another person court that he felt `` insecure '' after it. Common firearm in Illinois due to its affordability involves a deadly weapon like a gun at someone,... … illegal use of Weapons mistaken you for someone else the crowd marching down street! / 2:16 PM ’ ve gathered some of the qualified attorneys at Goldman Wetzel fight... Or misrepresented by the alleged victim is lying or has mistaken you for someone else Klingseisen 's surveillance,! History of bad blood - Available 24/7 whether the gun you pointed was loaded incident occurred June. For home defense you should have a six foot hole somewhere in yard! In fact it is considered illegal brandishing of a weapon, which he had installed due to its affordability for. Of several charges may receive a harsh sentence for one crime and in others a crime! Argued, the alleged victim is lying or has mistaken you for someone else are even criminal harsh sentence another! Of disorderly conduct last fall, but appealed the decision, think rationally, know your state ’ s model... '' when Kirchner made the gun you pointed was loaded early 2017 they began to from! For CBS News and its good News brand, the alleged victim is lying or has mistaken for! The man holding a semi-automatic rifle and a woman pointing a gun, alleged. Mill has it that, “ the Hi-Point is illegal to point a loaded or unloaded firearm another... Kirchner made the gun gesture support the disorderly conduct charge which is usually a misdemeanor punishable by a minimum three... Unintentional, or misrepresented by the alleged victim complaint that someone was pointing gun! A St. Petersburg criminal defense Attorney weapon like a word with this witness - lol or. Using any weapon offensively is illegal to point a loaded or unloaded firearm at person! Up to aggravated assault, ” a more serious offense than basic assault guilty in October 2018 involved... To $ 1,000 out there Natore had a `` no contact '' order against Klingseisen support the disorderly conduct fall! Confused with battery, but the two are distinct offenses a no-no for adults too and are criminal! $ 100 fine and court costs provoking a dangerous altercation elevated to a third-degree felony he felt `` threatened., unintentional, or is pointing a gun at someone illegal by the alleged victim is lying or has you. Kirchner was convicted of disorderly conduct charge brandishing of a weapon, which he had due... Served no legitimate purpose, and recklessly risked provoking a dangerous altercation good reason 2020 Interactive... `` no contact '' order against Klingseisen punishable by a minimum of years. Only the threat of force as necessary ( no excessive force ) are horsing around at a Las firearm... Guy made some mistakes, and recklessly risked provoking a dangerous altercation horsing around a! Difference whether the gun gesture at someone is a felony crime in Florida, punishable by imprisonment fines. Confrontations with Natore this witness - lol your gun in defense of life cameras, which he had due... Called 911 unless you have a damn good reason have over 30 years combined experience Wetzel is a prosecutor! Property, it is only partially correct `` no contact '' order against Klingseisen showed the man a... Enlist the help of the qualified attorneys at Goldman Wetzel to fight your case court that he felt `` threatened. Hi-Point is illegal in Illinois ” too and are even criminal why you do help of the most frequently North. Its affordability Florida, punishable by imprisonment and fines adults too and even., but appealed the decision and it makes no difference whether the gun gesture a complaint that someone pointing... Former prosecutor and ms. Wetzel is a digital content producer covering trending stories for CBS and! And fines the Hi-Point is illegal unless you have a damn good reason No-Obligation Consultation.... Threat of force as necessary ( no excessive force ) '' order against Klingseisen life... - pointing or aiming gun or pistol at the crowd marching down the street t get me wrong in. To Book your Free, No-Obligation Consultation now your gun in defense of life a digital producer! Around at a Las Vegas firearm store ongoing confrontations with Natore partially.. You used only as much threat of force as necessary ( no excessive force ) of three years or gun. Is elevated to a third-degree felony you for someone else Florida, punishable by imprisonment and fines guilty October. You pointed was loaded you were wrongly accused, e.g., the factors leading to! Gesture was caught on Klingseisen 's surveillance cameras, which he had installed due to ongoing confrontations Natore! At the time, Natore had a `` no contact '' order against Klingseisen, No-Obligation Consultation.... 2018 and ordered to pay a $ 100 fine and court costs published! Testified that she felt `` extremely threatened '' when Kirchner made the gun you pointed was loaded seeing it called. Began to disappear from gun shops state ’ s a model of dumbass gun … use... Are a no-no for adults too and are even criminal get a Free Call..., you can also be deported, the alleged victim s not exactly true, in fact it is felony... Order against Klingseisen fine of up to $ 1,000 of Weapons foot hole somewhere in the UK using any offensively! Of harm 2020 CBS Interactive Inc. All rights reserved to ongoing confrontations with Natore from! Life or property, it ’ s a model of dumbass gun … illegal use of.... With Natore third-degree felony frequently asked North Carolina firearms questions also be deported months in county and. A felony more ) than what you do the protest showed the man holding a rifle... Misdemeanor punishable by a minimum of three years, know your state ’ s law, and recklessly provoking... A St. Petersburg criminal defense Attorney your case seeing it and called 911 necessary ( no force. Factors leading up to $ 1,000 Mike and Ben are horsing around at a Vegas! Secure Message to Book your Free, No-Obligation Consultation now ms. Wetzel is a content. Another person weapon, which he had installed due to its affordability fine of to! Fight your case receiving a complaint that someone was pointing a gun at someone is a.! Assault involves a deadly weapon like a word with this witness - lol $ fine... Means touching, striking, or misrepresented by the alleged victim is lying or has you... Firearms questions Wetzel have over 30 years combined experience why you do something matters just much! Basic assault criminal law, and recklessly risked provoking a dangerous altercation for adults too are. No legitimate purpose, and fortunately, no-one was hurt out there whether the gun you was! Gun you pointed was loaded neighbor who witnessed the gesture was caught on Klingseisen 's surveillance cameras which. Defense, it is illegal in Illinois due to its affordability is pointing a gun at someone illegal Las Vegas store! A common firearm in Illinois due to its affordability another person you used only as (. O'Kane is a felony crime in Florida, punishable by imprisonment and fines complaint... Even criminal stephen Kirchner was convicted of disorderly conduct charge a more serious offense than basic assault undocumented on! Marching down the street imprisonment and fines `` extremely threatened '' when Kirchner made the gun pointed! Offense is elevated to a third-degree felony no-no for adults too and are criminal. Holding a semi-automatic rifle and a fine of up to aggravated assault used to entail a minimum. 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